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Dillon v. State

Court of Appeals of Texas, Fifth District, Dallas
Jul 23, 2024
No. 05-24-00592-CR (Tex. App. Jul. 23, 2024)

Opinion

05-24-00592-CR

07-23-2024

KENNETH DILLON, Appellant v. THE STATE OF TEXAS, Appellee


Do Not Publish JUSTICE Tex.R.App.P. 47.2(b)

On Appeal from the County Court at Law No. 1 Rockwall County, Texas Trial Court Cause No. CR1-23-1625.

Before Justices Molberg, Carlyle, and Smith

MEMORANDUM OPINION

KEN MOLBERG, J.

A jury convicted Kenneth Dillon of assault causing bodily injury of a family member. The Court now has before it appellant's motion to dismiss the appeal, asserting the trial court granted appellant's motion for new trial. The motion to dismiss the appeal is not signed by appellant, as is required by rule 42.2(a). See Tex. R. App. P. 42.2(a). Therefore, we deny the motion to dismiss.

An order granting a motion for new trial restores the case to its position before the former trial, and the judgment is no longer in place. See Tex. R. App. P. 21.9(b); Waller v. State, 931 S.W.2d 640, 643-44 (Tex. App.-Dallas 1996, no pet.). Absent a judgment of conviction or other appealable order, there is nothing before the Court over which we have jurisdiction. See Wright v. State, 969 S.W.2d 588, 589 (Tex App.-Dallas 1998, no pet.).

We dismiss the appeal for want of jurisdiction.

JUDGMENT

Carlyle and Smith, Justices participating.

Based on the Court's opinion of this date, we dismiss the appeal for want of jurisdiction entered July 23, 2024


Summaries of

Dillon v. State

Court of Appeals of Texas, Fifth District, Dallas
Jul 23, 2024
No. 05-24-00592-CR (Tex. App. Jul. 23, 2024)
Case details for

Dillon v. State

Case Details

Full title:KENNETH DILLON, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Jul 23, 2024

Citations

No. 05-24-00592-CR (Tex. App. Jul. 23, 2024)